The High Court has fixed July 20th for the hearing of a legal challenge to decisions of the Flood tribunal regarding solicitor-client privilege, including an order directing disclosure of the identity of those involved with Jackson Way Properties Ltd, a company under investigation by the tribunal.
The action is being taken by Mr Stephen Miley, a solicitor, of Ashford, Co Wicklow, who represents Jackson Way. Solicitors acting for other people before the tribunal are awaiting the outcome of the case.
On June 26th, the President of the High Court, Mr Justice Morris, granted leave to Mr Miley to challenge the Flood tribunal's orders.
Leave was granted on the sole ground that the tribunal had failed to afford Mr Miley fair procedures in that it did not inform him, with sufficient particularity, of the basis on which it intended to make an order directing him to produce documents relating to his dealings with the company and to identify those who had given him instructions on its behalf.
At the High Court yesterday Mr Frank Clarke SC, for the tribunal, said he required an early date for the hearing.
He said if the tribunal's decision was correct, it required certain information from Mr Miley and the longer the case took the longer would be the delay in getting that information.
Mr Martin Hayden, for Jackson Way, said he had just learned of the tribunal's application. He said there may be issues regarding discovery against the tribunal.
He argued the tribunal was required to disclose what documentary evidence it had to support its request for solicitor-client privilege to be breached by Mr Miley.
Mr Clarke said there was no need for discovery. What was relevant was what Mr Miley was told at the time he was asked to produce documents and reveal the names of those who instructed him on behalf of the company.
Mr Justice Kelly said he could not see how discovery could be relevant to the ground on which leave was given to bring the proceedings.
He said he would list the matter for hearing on July 20th but this was conditional on both sides adhering to directions regarding the exchange of legal papers and submissions.